Results.
6 judgments found.
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| November 2001 |
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A money judgment alone does not confer a registrable interest to support a caveat on already-caveated land.
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Lands and Deeds Registry Act — caveats — registrable interest (s76) — money judgment not a registrable interest; effect of existing caveat (s79) — Registrar’s duty not to accept entries affecting estate while caveat in force; timing of lodgement; insufficiency of evidence to prove wrongful removal of caveat.
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30 November 2001 |
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Appellant failed to show a prima facie defence to set aside default judgment; vendor entitled to rescind for non-completion and claim possession and mesne profits.
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Civil procedure — Default judgment — Application to set aside — Exercise of judicial discretion — Requirement to show plausible defence on merits; Contract law — Notice to complete and failure to pay — Vendor’s right to rescind, retake possession and claim mesne profits; Evidence — Allegation of hearsay insufficient without showing prejudice; Appellate review — Interference only for misdirection or wrong principle of law.
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29 November 2001 |
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Lands Tribunal cannot cancel title; non‑Zambian permanent residents may buy land but require presidential written consent.
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Land law — Lands Tribunal jurisdiction — Certificate of title cancellation — Presidential consent for non‑Zambian land acquisition — Eligibility under Handbook on Civil Service House Ownership Scheme
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28 November 2001 |
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Sale agreement supersedes tenancy; appellant entitled to specific performance; respondent could not rescind sale for tenancy breach.
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Contract of sale v. tenancy — acceptance and deposit convert landlord–tenant relationship into vendor–purchaser relationship; tenancy agreement superseded; alleged unauthorised subletting cannot be relied on to rescind a subsisting sale contract; remedy: specific performance.
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22 November 2001 |
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Extension of time to lodge record denied as futile where the property had already been subject to prior proceedings and execution.
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Civil procedure — Extension of time to file record of appeal — Setting aside interlocutory order — Non‑attendance at hearing — Futility/otiose relief where subject matter already subject of prior proceedings and execution.
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6 November 2001 |
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Employees retrenched in 1992 were entitled to contractual salary appraisals, pension employer contributions and repatriation allowances; full 300% increment claim failed.
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Employment law — retrenchment and redundancy — contractual conditions of service — unilateral variation prohibited; salary appraisals entitlement; pension employer contributions; repatriation allowances on termination; salary increment timing and notice period.
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6 November 2001 |